YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.This Web site, including all of its features and content (‘Web Site’) is a service made available by The Misfits Media Company PTY LTD and all content, information and software provided on and through this Web Site (‘Content’) may be used solely under the following terms and conditions (‘Terms of Use’).
1. Web Site Limited License.
As a user of this Web Site you are granted a nonexclusive, non-transferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. The Misfits may terminate this license at any time for any reason.
2. Limitations on Use.
The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorised to make purchases on behalf of such a group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without The Misfits’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. Any unauthorised use of this Web Site or its Content is prohibited.
3. Not Legal Advice.
Content is not intended to and does not constitute legal, financial, medical or advice of any other kind, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.
4. Intellectual Property Rights.
Except as expressly provided in these Terms of Use, nothing contained in these terms and conditions shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
5. Linking to this Web Site.
You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site and (b) you discontinue providing links to this Web Site if requested by The Misfits.
6. License of Your Content to The Misfits.
By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) The Misfits a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against The Misfits for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
7. No Solicitation.
You shall not distribute on or through this Web Site any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of The Misfits. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
8. Advertisers.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. The Misfits will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
9. Registration.
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide The Misfits with accurate and complete registration information. It is your responsibility to inform The Misfits of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. The Misfits does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify The Misfits immediately by contacting us at johnhromin@themisfits.media.
10. Postings in interactive areas of the Web Site.
- Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (‘Postings’) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any state, federal or international law
- Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
- No Monitoring of Postings. The Misfits has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing The Misfits reserves the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms of Use and to remove any materials that may be objectionable or violate these Terms of Use.
- Non-Commercial Use only of interactive areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express written permission of the The Misfits . Any unauthorised use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.
11. Errors and Corrections.
The Misfits does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. The Misfits does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. The Misfits may make improvements and/or changes to its features, functionality or Content at any time.
12. Third Party Content.
Third party content may appear on this Web Site or may be accessible via links from this Web Site. The Misfits shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of The Misfits .
13. Legal Ethics Notice.
If you are a lawyer participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (‘Rules’) apply to all aspects of your participation and that you will abide by these Rules. These Rules include but are not limited to the rules relating to advertising, solicitation of clients, unauthorised practice of law, and misrepresentations of fact. The Misfits disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
14. Disclaimer.
This Web Site is provided on an “as is, as available” basis. The Misfits expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. The Misfits disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
- any errors in or omissions from this Web Site and the content, including but not limited to technical inaccuracies and typographical errors;
- any third party web sites or content directly or indirectly accessed through links in this Web Site, including but not limited to all errors or omissions;
- the unavailability of this Web Site or any part of it;
- your use of this Web Site; or
- your use of any equipment or software in connection with this Web Site.
15. Limitation of Liability.
The Misfits shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this Web Site and the interactive areas of this Web Site or any facts or opinions appearing on or through an interactive area. The Misfits shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including without limitation legal fees) in any way due to or resulting from or arising in connection with the use of or inability to use this Web Site or the Content.
16. Indemnification.
You agree to indemnify, defend and hold harmless The Misfits , its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms of Use by you.
17. Third Party Rights.
The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of The Misfits and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. Unlawful Activity.
The Misfits reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
19. Remedies for Violations.
The Misfits reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other The Misfits Web sites and their features.
20. Additional Terms.
- Privacy. Your use of this Web Site is subject to The Misfits’s Privacy Policy.
- Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web Site and The Misfits Media’s Privacy Policy and constitutes the entire agreement with respect to access to and use of this Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the notices on the Web Site or The Misfits’s Privacy Policy, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
